In the often complex world of family law, Ex Parte Orders can feel sudden and leave you reeling. One such action is an ex parte order. As fathers navigating custody disputes, understanding what these orders are, how they come about, and what they mean for your rights is crucial. Let’s break down the essentials.

What Exactly is an Ex Parte Order? And what do Men Need to Know About them?

At its core, an ex parte order is a temporary court order issued by a court without prior notice to the opposing party. The term “ex parte” literally means “from one side.” This means a judge makes a decision based solely on the information presented by one party, without the other party having the opportunity to present their side of the story beforehand. This is often initiated through an ex parte motion.

You might be thinking, “That doesn’t sound very fair!” And you’d be right to feel that way. Ex parte orders are generally reserved for situations where there’s a credible risk of irreparable harm or immediate damage if the other party were given advance notice. The idea is to protect a child or a parent from immediate danger.

Ex Parte Orders in Family Law: Two Common Scenarios

In the context of fathers’ rights, ex parte orders most frequently arise in two key situations:

Ex Parte Request for Order (RFO)

In ongoing family law cases, such as those involving child custody or visitation, one parent can file an Ex Parte RFO. This is a request a hearing asking the court to make a temporary order immediately, before a full hearing can be held.

  • Examples of situations where an Ex Parte RFO might be granted include:
  • Allegations of imminent risk to a child’s safety if they remain in the other parent’s care.
  • Concerns that the other party is about to remove the child from the state or country without consent.
  • Evidence of immediate financial hardship requiring temporary support orders.
  • Important Considerations: To obtain an Ex Parte RFO, the requesting party must typically demonstrate “irreparable harm, immediate danger, or abuse” to the child or the requesting parent. They must also show they made reasonable attempts at notifying the other party, or explain why such notification wasn’t possible or would have been detrimental. Often, they will submit a proposed order outlining what they want the court order to state.

Ex Parte Orders via Domestic Violence Restraining Order (DVRO) Request

A more serious context for ex parte orders is when one parent seeks a Domestic Violence Restraining Order (DVRO). In these cases, the requesting party alleges domestic violence, abuse, or harassment by the other parent.

  • How it Works: When a DVRO is requested, the court can issue a temporary restraining order (TRO) on an ex parte basis if it finds sufficient evidence of immediate and present danger. This TRO can include various provisions, such as:
  • Ordering the restrained parent to stay away from the other parent, the children, their home, work, and the children’s school or daycare.
  • Granting one parent temporary custody of the children.
  • Prohibiting the restrained parent from having any contact with the children.
  • The Impact on Fathers’ Rights: Ex parte DVROs can have profound and immediate consequences for fathers. They can be suddenly separated from their children and face significant restrictions on their movement and communication. Often, the requesting party will attach a police report or other evidence to support their claims. It’s crucial to understand that these are temporary orders, and a full hearing can be held where you have the opportunity to present your defense. If you cannot afford the filing fees, you may be eligible for a fee waiver.

What Happens After an Ex Parte Order is Issued?

While an ex parte order is immediate, it is not permanent. The court will schedule a hearing can be held within a short timeframe (typically within 21-25 days in California) where both parties will have the opportunity to present evidence, testimony, and argue their case. The initial proposed order may be modified or vacated at this hearing.

What Should You Do If You Are Served with an Ex Parte Order?

If you find yourself on the receiving end of an ex parte order, it’s vital to take immediate and strategic action:

  • Stay Calm and Read Carefully: Understand the specifics of the court order – what it prohibits you from doing, when it expires, and the date of the upcoming hearing can be held. Review any proposed order that might have been submitted by the opposing party.
  • Contact an Attorney Immediately: This is not a situation you should navigate alone. An experienced family law attorney specializing in fathers’ rights can advise you on the best course of action, help you gather evidence, and represent you in court. Be sure to inquire about any local rules that might apply in your jurisdiction.
  • Comply with the Order: Even if you disagree with the order, it is crucial to abide by its terms. Violating an ex parte order can have severe legal consequences.
  • Gather Your Evidence: Start collecting any documentation, communication, or witness statements that support your position and refute the allegations made against you. If the other party submitted a police report, obtain a copy and review it carefully.
  • Prepare for the Hearing: Work closely with your attorney to prepare your testimony and cross-examine the opposing party.

Protecting Your Rights as a Father

Ex parte orders can be a significant hurdle for fathers. It’s essential to remember that these are temporary measures. The subsequent hearing can be held is your opportunity to present your side of the story and fight for your rights as a parent. Even if a judge granted the initial ex parte order, the final outcome is determined after both sides are heard. If you cannot afford an attorney, explore options for legal aid or pro bono services. By understanding what ex parte orders are and acting swiftly and strategically when faced with one, you can work towards a fair and just outcome for yourself and your children.

In conclusion, navigating the complexities of ex parte orders is a critical aspect of protecting your rights as a father. While these immediate court actions can feel overwhelming and disruptive, understanding their purpose, the different contexts in which they arise (from Ex Parte RFOs to those linked to DVRO requests), and the crucial steps to take when served with one is paramount. Remember that ex parte orders are temporary, and the subsequent hearing provides a vital opportunity to present your perspective and advocate for your parental rights. By staying informed, acting swiftly, and seeking legal counsel, you can navigate these challenging situations and work towards securing a fair and just outcome for yourself and your children. At Reel Fathers Rights, we stand with you, emphasizing the importance of knowing your rights and taking proactive steps to protect your relationship with your children.

Contact Reel Fathers Rights Today

If you’re facing an ex parte order or have questions about your rights as a father, don’t navigate these challenging waters alone. Take the first step towards protecting your relationship with your children. Call us today at 951-800-3390 or click to schedule a confidential case evaluation with one of our team. We’re here to provide the guidance and support you need.

Disclaimer: This blog post provides general information and should not be considered legal advice. If you are facing an ex parte order, it is crucial to consult with a qualified family law attorney in your jurisdiction.